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(영문) 춘천지방법원 영월지원 2017.02.01 2016가단2883

청구이의

Text

1. The Defendant’s monthly support to the Plaintiff is based on the Chuncheon District Court Order 2016Kao18 dated July 18, 2016.

Reasons

On July 18, 2016, 2016, the court rendered a final decision that the Plaintiff’s reimbursement to the Defendant of the litigation costs amounting to KRW 3,389,590 in the Chuncheon District Court’s Young-si Branch 2016Kao18, the Defendant, on July 18, 2016, determined that the said decision became final and conclusive around that time, and that the Plaintiff deposited the Plaintiff’s reimbursement of KRW 3,389,590 for the Defendant on September 27, 2016, the Plaintiff deposited the litigation costs amounting to KRW 3,389,590 according to the Chuncheon District Court’s Young-si Branch 2016, Seocheon District Court’s Young-si Branch 2016, Young-si Branch 2016.

According to the above facts, since the defendant's right to claim against the plaintiff according to the decision of determination of the amount of litigation costs has ceased to exist due to the plaintiff's above repayment deposit, the power of the decision should be excluded.

The defendant's assertion argues that the defendant confirmed that the plaintiff did not intend to repay the above costs of lawsuit, applied for a compulsory auction on the real estate owned by the plaintiff, paid more than the costs of lawsuit finalized in the above decision, and if the above real estate is not put to auction, another dispute between the plaintiff and the defendant is expected to be different, so the plaintiff's argument cannot be accepted

However, as long as the Plaintiff deposits the total amount of the confirmed costs of lawsuit, such circumstance alone cannot maintain the executory power to determine the amount of the above costs of lawsuit.

Therefore, the defendant's assertion is not accepted.

Accordingly, the plaintiff's claim is accepted.